Transcript NORMATIVA LEGAL

República del Ecuador
HEALTH AND SAFETY AT WORK
Current regulation
Ing. Beatriz Cordovez
July 2005
Legal Structure
CONSTITUTION
INTERNATIONAL AGREEMENTS
CODES
DECREES
GENERAL LAWS / SPECIFIC LAWS
STANDARDS/ REGULATIONS / PROCEEDINGS
Ing. Beatriz Cordovez
July 2005
Ecuadorian Constitution
CONSTITUTION
INTERNATIONAL AGREEMENTS
CODES
DECREES
GENERAL LAWS / SPECIFIC LAWS
STANDARDS/ REGULATIONS / PROCEEDINGS
Ing. Beatriz Cordovez
July 2005
POLITICAL CONSTITUTION
Ecuadorian Constitution
In effect since year 1998
 Title III: About, rights, guarantees and
duties
 Chapter 4: About economic, social and
cultural rights
 Of Work
 Of social security
Ing. Beatriz Cordovez
July 2005
International Agreements
CONSTITUTION
INTERNATIONAL AGREEMENTS
CODES
DECREES
GENERAL LAWS / SPECIFIC LAWS
STANDARDS/ REGULATIONS / PROCEEDINGS
Ing. Beatriz Cordovez
July 2005
INTERNATIONAL AGREEMENTS
OIT Agreements
Ratified by Ecuador
 Basic agreement between Ecuador and
OIT (1951)
 Agreement 29 OIT (1930; R:1954)
Hard or oblitgatory work
Ing. Beatriz Cordovez
July 2005
INTERNATIONAL AGREEMENTS
OIT Agreements
Ratified by Ecuador
 Agreement 45 OIT (R:1954)
Women underground work
 Agreement 105 OIT (R:1961)
Hard work Abolition
 Agreement 24 OIT (R:1962)
Illness insurance
 Agreement 35 OIT (R:1962)
Old age obligatory insurance
 Agreement 120 OIT (R:1969)
Hygiene in comerce and offices
Ing. Beatriz Cordovez
July 2005
INTERNATIONAL AGREEMENTS
OIT Agreements
Ratified by Ecuador
 Agreement 123 OIT (R:1969)
Underground work
 Agreement 124 OIT (R:1969)
Underground work
 Agreement 127 OIT (R:1969)
Maximum weight transported by a worker
 Agreement 115 OIT (R:1972)
Ionizing radiation and Vibrations
 Agreement 110 OIT (R:1972)
Workers at Plantations
Ing. Beatriz Cordovez
July 2005
INTERNATIONAL AGREEMENTS
OIT Agreements
Ratified by Ecuador
 Agreement 119 OIT (:1972)
Machinery protection
 Agreement 78 OIT (R:1975)
Minors medical examination
 Agreement 121 OIT (R:1978)
Prestaciones for industrial accidents and occupational
diseases
 Agreement 139 OIT (R:1978)
Carcinogenic substances
 Agreement 136 OIT (R:1978)
Bencene Intoxication
Ing. Beatriz Cordovez
July 2005
INTERNATIONAL AGREEMENTS
OIT Agreements
Ratified by Ecuador
 Agreement 148 OIT (R:1978)
Air pollution, noise, vibrations
 Agreement 152 OIT (R:1988)
Port workers
 Agreement 153 OIT (R:1988)
Road transports
 Agreement 162 OIT (R:1990)
Use of Asbestos
Ing. Beatriz Cordovez
July 2005
INTERNATIONAL AGREEMENTS
OIT Agreements
Still pending ratification by Ecuador
 Agreement 155 OIT (1981)
Workers health and safety
 Agreement 161 OIT (1985)
Health at work services
 Agreement 170 OIT (1990)
Chemical Products
 Agreement 174 OIT (1993)
Accident prevention in Major Industries
 Agreement 176 OIT (1995)
Health and Safety in mines
 Agreement 184 OIT (2001)
Health and Safety in Agriculture
Ing. Beatriz Cordovez
July 2005
Codes
CONSTITUTION
INTERNATIONAL AGREEMENTS
CODES
DECREES
GENERAL LAWS / SPECIFIC LAWS
STANDARDS/ REGULATIONS / PROCEEDINGS
Ing. Beatriz Cordovez
July 2005
CODES
Work code
 Title IV
 Chapter
 Chapter
 Chapter
 Chapter
 Chapter
1:
2:
3:
4:
5:
Definition and responsabilities
Accidents and invalidities
Occupational diseases
Compensantions
Prevention
 Article 416: Obligations on the matter of risk
prevention
Ing. Beatriz Cordovez
July 2005
Decrees
CONSTITUTION
INTERNATIONAL AGREEMENTS
CODES
DECREES
GENERAL LAWS / SPECIFIC LAWS
STANDARDS/ REGULATIONS / PROCEEDINGS
Ing. Beatriz Cordovez
July 2005
DECREES
Workers health and safety and
improvement of work environment
Regulation
Executive Decree 2393 (1986)
Divided in 5 parts:
I.
General Regulations
II. Work places general conditions
III. Machines, tools and appliances
IV. Transport and handling
V. Collective protection
Ing. Beatriz Cordovez
July 2005
DECREES
Workers health and safety and
improvement of work environment
Regulation
II.
Work places general conditions






Safety at the project
Buildings and presmises
Permanent services
Base camps, constructions and other works
outdoors
Chemical, Biological and Physical factors
Industrial cold
Ing. Beatriz Cordovez
July 2005
DECREES
Workers health and safety and
improvement of work environment
Regulation
III.
Machines, tools and appliances






Instalations
Protections
Command buttons
Use and maintenance
Manual and portable
Elaboration
Ing. Beatriz Cordovez
July 2005
DECREES
Workers health and safety and
improvement of work environment
Regulation
IV. Transport and handling

Raise equipment

Materials transportators

Handling and storage

Vehicles

Dangerous Merchandise

Activities in the ports
Ing. Beatriz Cordovez
July 2005
DECREES
Workers health and safety and
improvement of work environment
Regulation
Collective protection
V.




Fire: Prevention, detection, extinguishing
Explotions
Signposting, colors and signs
Labeling
Ing. Beatriz Cordovez
July 2005
DECREES
Safety at mining industriy
Regulation
Executive Decree 3934 (1996)
 Rights and obligations
 General safety standards
 Permanent services an sanitary conditions
 Use of explosives at mining industry
 Ventilation
Ing. Beatriz Cordovez
July 2005
Standards, Regulations,
Proceedings
CONSTITUTION
INTERNATIONAL AGREEMENTS
CODES
DECREES
GENERAL LAWS / SPECIFIC LAWS
STANDARDS / REGULATIONS / PROCEEDINGS
Ing. Beatriz Cordovez
July 2005
STANDARDS / REGULATIONS / PROCEEDINGS
Risks at work insurance regulation
(IESS)
Resolution 741 (1991)
 Risks at work
 Rights, accidents, disabilities, death
 Prevention
 Work conditions
 Dangerousness evaluation
 Management Responsabilities
Ing. Beatriz Cordovez
July 2005
STANDARDS / REGULATIONS / PROCEEDINGS
Regulations
 Regulation for the industries medical services




good working order.
Regulation of safety at work against risks in
electric instalations
Regulation for construction and public works
Regulation of safety and higyene in port works
Regulation for use and aplication of pesticides
Ing. Beatriz Cordovez
July 2005
STANDARDS /REGULATIONS / PROCEEDINGS
Standards in Ecuador
 Process of Accidents investigation
standard (2001)
 Transport, storage and handling of hazard
chemical products (INEN 2266:2000)
 Hazard industrial chemicals. Precautionary
label (INEN 2288:2000)
Ing. Beatriz Cordovez
July 2005
Present situation in Ecuador
 Basic agreement with OIT: 1951
 OIT Agreements ratification OIT: <40%
 Industrial hygiene and safety comitees
and departments organization: 1982
 Workers health and safety and
improvement of work environment
Regulation: 1986
Ing. Beatriz Cordovez
July 2005
Thank You
Ing. Beatriz Cordovez
July 2005